As New Jersey Personal Injury lawyers, our firm represents a large variety of injury cases. We have found that regardless of how the accident occurred and what types of injuries received, our clients all have the same basic questions about their cases when they first arrive at our office.
We thought that it would be very beneficial to all of our clients, both current and prospective, to list these common personal injury case questions, and provide you with a detailed answer.
Of course, we will answer these NJ injury law questions for you are in the office. This list is just to help serve as a quick reference.
The Ten Most Commonly Asked Questions About New Jersey Personal Injury Cases
Of course, there are other questions that you may have as part of your case. We will be pleased to answer all of your questions during your FREE CASE EVALUATION. We want you to feel comfortable and confident through every step of the legal process.
Call now: 833-323-4448 or fill out the form below.
Why Should I File A NJ Personal Injury Lawsuit?
When you have been injured through no fault of your own, your life will undergo many changes. It is possible that you may have to change major parts of your lifestyle to accommodate the injury, even if it is only for a short period. Some people, with very serious or catastrophic injuries, may see their lifestyle change forever.
Before your injury, you were able to enjoy your life and perform necessary tasks around your home and yard. You may be an at-home mechanic that manages the family vehicles. You may have been responsible for caring for the home, the children, or your elderly parents. Now, because of this injury, you are forced to pay someone to accomplish these tasks.
In addition to these changes, you may also suffer financial hardships from the injury. You have missed work already and may not be able to return to your job soon, or ever. You may have had out-of-pocket expenses for medical supplies or transportation to your doctor visits. You may have also lost contributions to your retirement or been forced to lose your health insurance because you are not actively employed.
You are suffering through all of this chaos and stress because of the negligent act of another person or entity.
For all of these reasons the law allows you to seek compensation for your losses through a personal injury lawsuit.
A personal injury lawsuit allows the injured party to hold the person or business responsible for their injury accountable for their actions.
If you believe that the injury you received qualifies for a personal injury lawsuit, you are encouraged to set up a FREE CONSULTATION and have the facts of your case reviewed by a qualified New Jersey personal injury lawyer.
What Does It Cost To File A Personal Injury Lawsuit in New Jersey?
When you are injured in any type of accident, the injured party may not have the resources available to hire an attorney. On the other side of the case, the insurance company has access to its legal team to represent their case. It is simply not fair.
To even the playing field and to ensure that everyone has access to quality legal representation, our law firm works on a contingency basis. This means there are NO FEES UNLESS WE WIN.
We will only take payment for our services when we win your case. Working on a contingency basis not only provides everyone with access to quality New Jersey personal injury lawyers, but it also provides Rosengard Law Group with a very large incentive to win your case.
What Are The Most Common Types Of Personal Injury Cases?
A personal injury can happen at any time and to anyone. Every accident and injury is very specific to that event.
As a long-standing car accident lawyer, I have found that most injuries fall into one or more of the following 11 categories.
Motor Vehicle Accidents – Including Commercial Vehicles
Auto accidents are the most common accident to cause an injury in the United States. Motor vehicle accidents include:
- Passenger vehicles
- Commercial vehicles
- Bus accidents
- Public Transportation
- Taxi and paid ride providers
- Truck accidents
- Boating accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Nearly all motor vehicle accidents are the result of one of the drivers acting in a negligent manner. A driver could be ignoring traffic laws, be distracted while driving, operating the vehicle under the influence or just be reckless.
Whatever the cause of their negligence, the result is an accident where someone was injured.
The injured party would have the right to file a claim for compensation to recover the costs of their medical care, lost wages, and other damages allowed under the law.
To find out what types of damages would apply to your motor vehicle accident, CALL OUR OFFICE TODAY: 833-323-4448
Premises Liability – Slip and Fall
Premises liability cases apply to any type of case where a person is injured on another person’s property by something that should have been managed or repaired by the owner of that property. The most common type of case to fall under this category is slip and fall.
Slip and fall cases apply to a variety of cases. Wet floors, unsecured rugs or tiles, uneven pavement, unlit stairwells, and missing handrails on staircases are just a few of the events that can lead to a slip and fall accident.
In addition to slip and fall, premises liability also covers injuries and accidents that are a result of the property owner not keeping the property safe for use.
For instance, if the property is a shopping mall and the parking lot is not well-lit, the owner could be held responsible for any injuries received by a person during the commission of a crime.
The dark parking lot gave the attacker somewhere to commit the crime “in safety.” It is the property owner’s responsibility always to keep their property safe for visitors.
Animal Attacks – Dog Bites
Being attacked by a dog or any other animal can have long term effects on the victim. In addition to the physical injuries received, the victim often suffers a lot of emotional trauma from an animal attack. This is especially true in children. Anyone who is attacked by an animal has the right to seek compensation from the owner of the animal.
There may be some local ordinances that apply a shared responsibility on animal attacks, but this does not prevent someone who was attacked from seeking compensation for their losses.
In most cases, the shared responsibility applies to the decision on whether they are going to remove the animal from home or not after it has attacked someone.
Medical malpractice is a very complex set of injuries that occur as a result of negligent actions by a medical professional.
A person can be injured during any part of their treatment, and that injury can be caused by anyone who has had direct contact with the care of the patient.
Medical malpractice also includes treatments provided by a chiropractor, dentist, or pharmacist. Each of these medical professionals is held to the same standards under the malpractice laws.
Medical malpractice happens when a medical care provider treats a medical condition in a manner that is not consistent with the medical community. This treatment must result in an injury to the patient.
Medical malpractice cases can quickly become complex. Anyone who feels that they have been injured by the medical care that they have received should speak to a New Jersey personal injury lawyer as soon as possible to find out what rights they have for compensation.
Nursing Home Abuse
When a loved one is placed into a nursing home for rehabilitation or long term care, you believe that they will be cared for properly. Sadly, many nursing homes are understaffed and use many staff members that are under-qualified for their positions.
Elder care and special rehabilitative services require special training and knowledge that many certified nursing assistants (CNA’s) do not possess. This can quickly lead to nursing home abuse and injuries.
Common injuries to occur in a nursing home situation include:
- Bruising, cuts or other marks on the body not consistent with care
- Fractured bones from falling
- Dehydration leading to other medical conditions
- Dehydration and Malnutrition
- Physical and mental abuse
- Bed sores from lack of care
- Infections from lack of care
Birth injuries are a very specific form of medical malpractice. These injuries can occur at any time up to, during or immediately after the birth of a baby. Birth injuries also include injuries received by the mother during the birth process.
Birth injuries can be very serious and lead to the need for life long care for the infant. The misuse of forceps, vacuums, and delayed cesarean sections can lead to injuries to mother and infant. Additional issues may also lead to a birth injury, including improper medical care during the pregnancy.
If your baby has been a victim of a birth injury, speak with a New Jersey personal injury lawyer about your case. Our compassionate attorneys will help you secure the compensation you need to provide your child with the proper care.
Some birth injuries result in a brain injury. It’s important to have your child evaluated as soon as possible.
Dangerous Medications and Medical Devices
Pharmaceutical companies often push their product to the open market before enough testing has been completed. These companies have also been known to overlook or fail to disclose the dangerous side effects of their products.
In an industry that relies heavily on stock investors to produce their products, they must push medications and devices to be put on the market to keep their shareholders happy.
Sadly, many people suffer seriously if not life-threatening side effects from these dangerous medications. This generally falls under a product liability case. However, since medications and medical devices often affect a large group of people, it is placed in a legal category all of its own.
Many of these cases move on to become class action lawsuits.
If you or your loved one has been harmed by a defective medication or medical device, speak with an NJ injury attorney today. Our law firm can represent your case as an individual or as part of a class action lawsuit.
Product Liability – Defective Products
Companies that produce any type of product that is available to the consumer is responsible for any injuries their products cause due to defect.
A defect can refer to the design process, the manufacturing process, or even the marketing process for the item.
Consumers make purchases based on the belief that they will not be harmed by the product. When an injury does occur due to a defect, they are entitled to receive compensation for their losses.
Product liability cases can be handled as individual cases or may become part of a class action lawsuit. We will recommend which type of case you should pursue to get the best results.
Burn injuries can be devastating to the victim. Burns often require extensive medical care and even when the area is healed, the burned area may still be very fragile and prone to pain.
Medical care for burn injuries is very expensive because of the extensive amount of treatment necessary to save the skin and muscles.
Burn injuries can occur from many sources:
Faulty wiring in an apartment or place of employment could lead to a fire. Inadequate fire alarms or escape areas from an apartment or business may also lead to burn injuries. Explosions, chemical spills, and other unknown factors can all contribute to a fire starting and people suffering burns.
Rosengard Law Group can aggressively represent someone who has been injured as a result of a burn. We understand the severity of these types of cases and work with experts in the industry to help build a solid case for compensation.
New Jersey Workers Compensation Law
Any injury that occurs while a person is performing their job duties is covered under the worker’s compensation policy of the employer.
Employers are required to carry this type of insurance to protect their employees at all times while they are on the clock. Worker’s comp also protects employers from being sued directly for liability.
Work-related injuries do not always have to be an accident. There are many professions that cause injuries to the worker just through performance. These types of injuries are covered as well under the worker’s comp policy.
Worker’s compensation adjusters, however, are famous for denying claims or medical care because of the cost. They are also well known for forcing employees back to work too soon after they have been injured which can lead to further injury.
If you have been injured on the job, schedule a FREE CONSULTATION to see how a New Jersey personal injury attorney can protect your rights in a worker’s compensation claim.
Wrongful death is one that occurs as the result of a personal injury.
To be classified as wrongful death, you simply need to ask the question:
“Would the deceased be able to file a personal injury lawsuit had they survived the negligent act?”
If the answer is yes, the case will qualify as wrongful death.
A wrongful death does not have to happen instantly or at the scene of the event. What classifies the death as wrongful is that it is the direct result of the accident or negligent act.
A wrongful death lawsuit is used to help the grieving family recover after the loss of their loved one. While it cannot help the emotional pain of the loss, it can help make things easier financially so the family can concentrate on the healing process.
What Is A Personal Injury Settlement?
A personal injury settlement occurs when both parties to the lawsuit agree on a fair compensation package for the injured party. This only occurs after extensive negotiations between your NJ personal injury attorney and the insurance company.
We would NOT advise you to accept the first offer from the insurance company, because it is generally incomplete and too low.
Most cases settle before they go to trial. This is because the insurance companies understand that you have a valid case and the compensation you are seeking for your losses is fair and by the law and the terms of their policy. To pursue it to trial would be very expensive for them in the long run.
What Types of Compensation Will My NJ Injury Attorney Be Seeking?
Compensation is divided into two types: economic and non-economic. The types and amounts of compensation that you receive will be based on the specific information of your case. Every case and injury is unique.
Economic damages are always a part of the compensation package. This includes medical bills, lost income, loss of services and other financial losses that were a direct result of the accident and injury.
Non-economic losses cover all other types of compensation. These types of compensation are varied based on the case.
This portion of your compensation will cover all current and future medical bills related to your injury. We will have future care costs calculated, so you have the means necessary to continue your care after the case has closed. This will include all of the care that you received such as testing, imaging, medications, medical devices, therapy, and in-home care.
If your injury made it impossible for you to work after it occurred, or if you cannot return to work now, your compensation package will include your lost wages. Wages are based on your current income and what you would make in the future if you could not return to work.
Additionally, benefits such as employer-sponsored contributions to your retirement plan and health insurance premiums paid by the employer are also included in this part of your compensation package.
Loss of Services
If you are forced to hire people to complete tasks that you normally do around your home because of your injury, your attorney will seek compensation for these costs as well. If you have to continue to use these services, your lawyer will add these losses to your package as well.
Pain and Suffering
Pain and suffering are non-economic damages and are very specific to the case. There are not any specific amounts that are guaranteed or awarded for this type of damage. To be awarded this type of compensation, we must be able to “show’ the physical pain and suffering you endured and continue to endure now.
Your NJ personal injury lawyer presents the pain and suffering portion of your compensation package through the use of your medical records.
It is very important that as an injured person you are proactive about telling your medical care provider about the pain and suffering you are having during your exams. Make sure that they realize what you are going through, so they can document it in your records.
It will also be very beneficial for you to keep a journal of your injuries. Document everything, good and bad, so that a “picture” can be painted of how this injury has affected your life.
If you have a good day or make progress with therapy, write it down, if you relapse and are feeling discomfort, write it down. Keep the journal very honest and open about your recovery.
Emotional stress is very much like pain and suffering compensation. You will need to show how the injury or accident has affected you emotionally. Proof comes from records of a therapy session with a therapist, psychologist, or psychiatrist.
Loss of Consortium
Loss of consortium or companionship is a type of compensation usually reserved for the spouse of the injured party. If the injury has now changed portions of your relationship so that it is no longer a full relationship, both the injured party and the spouse can seek damages.
If your loved one died as a result of a negligent act, certain family members could seek compensation for wrongful death. Wrongful death cases are civil litigation cases and are handled just a little different than a NJ personal injury case. However, your New Jersey personal injury lawyer can file a wrongful death case on your behalf.
Punitive damages are a type of compensation that is used to punish the negligent party for their actions. These are damages that are only awarded when the court feels that the negligent act was of a heinous or deliberate nature. In some cases, accidents caused by someone under the influence of drugs or alcohol may qualify for punitive damages.
During your free initial consultation, your New Jersey personal injury lawyer will discuss with you all of the types of compensation that applies to your specific case.
How Much Is My Injury Case Worth?
It would be illegal and immoral for your personal injury attorney to guarantee you a compensation package or settlement amount.
Every case is unique, and these differences are what is used to calculate the compensation packages.
We may be able to give you a “ballpark figure” based off of their experience with similar cases, but it is very hard to make an educated guess on the settlement amount.
What Will A New Jersey Personal Injury Lawyer Do For Me?
From the moment you sign your retainer agreement for legal services, your attorney and their team will begin aggressively building your case.
Your New Jersey personal injury lawyer will:
- Review medical records and have them evaluated by an expert to determine the true depth of your injuries
- Make sure that you are receiving all the medical care you need for your recovery
- Examine the scene of the accident
- Bring in an accident reconstruction expert if necessary
- Question witnesses
- Request all necessary documents
- Bring in experts where necessary
- Negotiate a settlement offer with the insurance company
- Take the case to trial if necessary
We will also work closely with you to keep you up to date on the progress of the case. Your attorney or one of their team members will always be available to answer your questions.
What Is My Role In The Case?
When you are a client in a personal injury case, your lawyer will expect the following from you:
- Continue all medical treatments as recommended by your doctor. Missed appointments can impact your case.
- Submit all documents requested and by the dates requested.
- Never admit fault for your injury in any way, especially to the insurer or online.
- Keep a journal of the recovery process from a very personal perspective.
- Avoid discussing any part of your case with anyone, especially on social media.
What Is The Statute of Limitations For Personal Injury Lawsuits in New Jersey?
The Statute of Limitations is a set of laws designed to protect all members of legal action. These statutes apply to both civil and criminal cases.
The Statute of Limitations limits the length of time between an event and the time a person can seek damages in a civil case or have charges brought against them in a criminal case.
The reason for the Statute of Limitations is to keep the cases fair for both parties in the action, because overtime, evidence can become lost or damaged, witnesses move or pass away, events are not remembered accurately, and the integrity of the case is no longer valid.
In most cases, the Statute of Limitations, when applied to a personal injury case, is two years from the date of the injury.
Speak with us soon after an accident or injury to ensure that you do not miss out on receiving compensation because you filed the case past the limitations date.
What Are The Steps My Attorney Will Take?
Regardless of accident or injury type, all personal injury cases will follow the same procedures. Knowing the different steps in a case will help you understand where your case “is at” during the entire process.
Once you have had medical care for your injuries and have had a FREE CONSULTATION with a New Jersey personal injury lawyer about your case, it will proceed as follows:
- Build The Case: Once you have agreed to legal representation, we will begin to build your case. They will be gathering information about your injuries and your other financial losses. This gives us the information we need to approach the insurance company about your case.
- Demand Letter and Negotiations: We will use the information in the prior step and send a demand letter to the insurer for a specific amount of money as compensation for your losses. This demand letter will automatically be counter offered by the insurer at a much lower amount. We will then begin the negotiation process to try to come to an amount that is complete and fair. If a settlement agreement cannot be reached, we will move on to the next step.
- File a Lawsuit: Your attorney will file a lawsuit on your behalf against the insurance company. At this time, the insurer must begin to respond more aggressively. There is still potential to settle the case before it goes to trial.
- Discovery: During this process, attorneys for both sides of the issue will begin gathering information, interviewing witnesses, and hiring experts to build their case for trial.
- Go to Trial: If the case does not settle, we will present your case in court before a judge and jury. When the case is over, the jury will decide the outcome. It is very rare for insurance companies to allow a case to go to trial because juries tend to award much higher damages than what was requested.
Being injured by the negligent act of another person or business can change your life!
You do not need to face these hardships alone.
If you are a victim of a personal injury in New Jersey, you are encouraged to CALL TODAY for a free consultation with a New Jersey personal injury lawyer.